Human rights have long been a contentious issue in China, one that the Chinese Community Party has long refused to address officially. This has not stopped the United States and other actors from continuing to call for more human rights, as was the case with Speaker Nancy Pelosi during her recent visit, and France's recent move to honor the Dalai Lama.

     

With all of the attention on the broad category of human rights, however, what is being overlooked is what China may be doing right.  Gay rights have long been a hot button issue here in the United States, but little attention has been paid to the progress of gay rights abroad. Is it possible that for all of its fiery rhetoric condemning China for rights abuses, the United States is actually lagging behind China in terms of gay rights?

     

A brief look at the history of gay rights in China has seen both large gains and large setbacks, not unlike the United States. In the course of 60 years since the establishment of the People's Republic of China, gay rights has made the greatest strides in the past 15 years, decriminalizing sodomy in 1997 and removing homosexuality from the list of mental disorders in 2001.

     

Officially, the Chinese government has no stance on gay rights, preferring to adopt a stance of "three nos": no approval, no disapproval, and no promotion.

     

     

Unlike those who are pushing for less human rights abuses and more democracy, those pushing for gay rights do not currently seem to embody an inherent challenge of power to the Chinese Community Party. The issue instead, is a fundamental quest for rights granted to a certain sect of the population by the government. There is much less of a political flavoring to this quest, as opposed to those who are hankering for democracy.

     

Furthermore, from a cultural perspective, China does not have the religious hang-ups of the United States' Judeo-Christian culture. Confucianism does not explicitly list homosexuality as a sin. Similarly, while Taoism expresses the need for a balance between Yin (feminine) and Yang (masculine), it recognizes that every man has some Yin in him along with the traditional Yang. In this sense, balance is kept if a more effeminate male and a masculine male are together. This means that in terms of morality, in China the issue lies in an open area for interpretation.

     

Extensions of these philosophies are applied throughout literature, with the most prominent examples being the story of "the passion of the cut sleeve" and the classic tale "The Dream of the Red Chamber." Though both show a generally tolerant attitude towards male-male relationships in ancient China, the late 19^th century saw more negative attitudes develop as a result of the importation and influence of western culture and science.

     

Today, attitudes have shifted towards a neutral stance. Li Yinhe, a prominent sociologist, researcher, and activist for lesbian, gay, bisexual and transsexual (LGBT) rights in China notes that one of the main social problems in contemporary Chinese society is extra-marital sex, as it disrupts the harmony of families. Her research further indicates that due to cultural norms, male homosexuals in China, unlike those in the West, are more likely to enter into a marriage with a woman. The result is a disruption of social harmonies.

     

This becomes more and more evident as gay-related hotlines expand. The Shanghai Sexual Minorities Hotline fields calls wherein callers are stressed about relationship and marriage anxieties, and how to come out to their friends, or girlfriends/boyfriends.

     

From this perspective, it would actually serve the interests of the Chinese government. De-stigmatizing homosexuality and providing legislation allowing for gay marriage would allow the Chinese government to derail a potential additional dissenting force and turn it into a strong bloc that supports CCP rule.

     

     

As is popular these days, let us compare the US and China on the progress of gay rights. Overall, the United States has made more substantial headway for gay rights, as states are able to take individual action. Iowa, Massachusetts, and Vermont have all legalized gay marriage independent of the federal government. Provinces in China by comparison, cannot presume to take action independent of Beijing.

     

In relative terms, however, China has done quite a bit "right" for its gay citizens. As previously stated, it de-criminalized sexual intercourse between consenting adults in 1997, a full six years ahead of the Lawrence v. Texas ruling in the United States that had the same effect.

     

Additionally, the rather apathetic and neutral stance of the CCP is also better than what exists in the United States. The three no's allow for more leeway in China, whereas in the United States, policies like Don't Ask Don't Tell, and the Defense of Marriage Act ban gays from military service and federal recognition of marriage, respectively. No action in this case, is good action.

     

Furthermore, the flavor of resistance is different in the two countries. As Devin T. Stewart, director of the Global Policy Innovations program at the Carnegie Council for Ethics in International Affairs argues, Chinese traditionalists' concerns have much more of a political and/or economic tint than the religious and moral opposition in the United States. He goes on to explain that they are similar to veiled political critiques about governance and civil society, specifically regarding a rise in prostitution and keeping mistresses, practices common amongst corrupt officials.

     

In China, the concern is more about social stability, and applies to the general effects of the sexual revolution, not just in regards to homosexuals specifically. Main concerns lie with the rise in prostitution and keeping mistresses, both of which are described as an effect of the market-driven economic focus of the central party. Insofar as homosexuality is described as a byproduct of neo-liberal policies and the sexual revolution, it will remain condemned as a deviance to social norms.

     

The irony is that China blames the West for tainting its society through globalization, when really, these viewpoints were invited in as part of the "Self-Strengthening Movement," a campaign in the early 20^th century where China used the idea that in order to prove itself as strong, it needed to learn from the West in order to be better than it. As a result, however, China has regressed in certain aspects of its culture; whereas homosexuality in historic times was a non-issue, in modern times it has now become a contentious topic.

     

     

As the debate in China has very different composite parts than in America, what China should do is reconsider its position in the debate.  Promoting gay marriage would decrease male prostitution, promote alternative stable families, and lend a lot of credibility to the Communist Party as truly working on reforming its human rights record, without having to make big concessions to forces that would seek to challenge its rule.

     

On the other hand, promotion of gay marriage could face serious backlash from social conservatives in China or hard-line traditionalists who might view such a move as dissociation from Chinese values and becoming more westernized.  More radical members may even link state-approval of homosexuality with a potential rise in venereal diseases and/or HIV.

     

As Devin T. Stewart, director of the Global Policy Innovations program at the Carnegie Council for Ethics in International Affairs notes in an interview, sexual rights are closely tied to political and social rights.  He goes on to explain how shifting priorities have allowed for greater space for discourse on previously taboo topics, like homosexuality. The advent of the internet has helped grow this space exponentially—today, message boards and forums for the gay community are readily accessible online. The metamorphosis extends into other realms of life too—the 'danwei' or 'residential community' system is now more concerned with economic viability and maintaining property value, instead of monitoring who is dating whom.

     

Perhaps attempting this side angle may bear more results for promoting a more participatory government, instead of the past direct confrontation tactics with the CCP regarding democracy that have been attempted and failed. The first ever gay pride festival held in China (specifically, Shanghai) elucidates this point. Organizers erred on the side of caution on the advice of a lawyer, and did not hold a parade. The China Daily, an official state media outlet, consequently ran a full page article on the event, with an inside editorial praising the openness and progressiveness of the event.

     

China's Communist Party is a very capable entity.  It adapts to maintain power, and in the course of doing so, recognizes the importance of public opinion and that when public opinion falls in line with its own interests, then it is a win-win for all.

     

Referring back to Li Yinhe's survey, an overwhelming majority—91 percent—believed that homosexuals should have equal employment rights.  About 50 percent believe that homosexuality was not wrong or a little wrong, and 40 percent considered it completely wrong. More than 50 percent would want a teacher changed if he or she were publically known as gay.

     

The attitudes and results garnered from Li's study show a similar climate in China to the current U.S. atmosphere – trending towards more acceptance of gays but still undecided for the most part.

 

Multiple examples exist supporting this trend. One is the aforementioned gay pride festival in Shanghai.  Another was a small-scale demonstration, ironically at Tiananmen Square, where participants staged mock weddings to promote awareness and advocate for rights.  The report goes on to provide a particularly strong example to illustrate shifting attitudes. One father, upon discovering his son was gay, threatened to blow up the gay bar his son frequented. However, after his son ran away, he reconsidered his position and is now an ardent supporter of his son, stating that "we must learn to accept them."

     

While the examples mark progress, the root concern in Chinese society regarding homosexuality remains with the conception of family and the role of the traditional family structure in maintaining social stability. The majority of Chinese society believes that gays cannot establish a stable family. As Ted Koppel explores in his documentary, The People's Republic of Capitalism, many gays are pressured to marry and have children, despite family members' knowledge of their sexual preference. This only serves to exacerbate problems of familial instability and extramarital problems.

     

Progress, however, is inching forward. Li has attempted to introduce legislation through the National People's Congress in both 2000 and 2004, though it failed to gather the necessary 35 signatures from delegates to become a bill for discussion.

     

For all of its human rights abuses, China has made marked movements apace with the United States toward equal rights for its LGBT citizens.  Certain measures in China have even predated their equivalent in the United States, such as the de-criminalization of sexual intercourse between same-sex consenting adults.  As part of the three 'no's', China has promoted nothing, but also has not opposed anything, which perhaps is exactly what it is doing right.

     

It remains to be seen, however, in what light the Communist Party will see and handle this budding movement in the future.